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In the event that you've been charged with a criminal offence, and your criminal defence lawyer is unable to resolve your matter through pre-trial discussions, you may find yourself in a position where you choose to take your matter to trial to contest the allegations that you're facing.
If you're charged with certain offences, there's a process before your trial that your criminal defence lawyer will engage in known as the election. During this process, you'll make a choice to have your trial conducted either by a provincial court judge, a superior court judge alone, or a superior court judge assisted by a jury.
It is during this time that your criminal defence lawyer, utilizing their understanding of your case and their professional experience, will make an election that emphasizes your best interest. In instances where you are being tried by a superior court judge and jury, the selection of the jury will take place on the very first day of your trial. Both, the Crown and your criminal defence lawyer will participate in selecting the jury, each having an equal opportunity to challenge the other's selections.
The trial process involves several key individuals.
Firstly, there is the trial judge who is independent and impartial. Their role is pivotal as they ensure that your trial is fair. They will hear the evidence, listen carefully to the arguments presented by both the Crown and your defence lawyer, and ultimately decide on your innocence or guilt unless you choose to have a jury. If you are found guilty, they are the ones who will determine your sentence.
Secondly, your criminal defence lawyer plays a crucial role in representing you. With their deep understanding of the law and their strategic skills, they will defend you against the allegations you are facing and construct arguments to serve your interests.
Thirdly, present at your trial will also be the Crown Attorney. As a representative of the government, they shoulder the responsibility of prosecuting the charges against you. Their goal is to establish the validity of the criminal offences you're alleged to have committed, and they must do so beyond a reasonable doubt.
As the accused, you will also be present at your trial. You have the right to hear every piece of evidence, including all witness testimonies that will be presented in court.
The court clerk is another significant figure. They assist the judge and are entrusted with several duties such as reading your criminal charges out loud, asking you to plead guilty or not guilty, swearing in or affirming witnesses, and managing the exhibits throughout the trial.
Lastly, the court reporter or court monitor will also be present. Their role involves creating a record of everything that is said during the trial or monitoring the equipment used for recording everything spoken during the trial. At the beginning of the trial, it's common for either your criminal defence lawyer or the Crown to ask the trial judge to order all witnesses in the case to remain outside the courtroom until they are called to testify, with the exception of the accused.
Your trial commences with an arraignment, during which you will be asked to confirm your name, the charges against you will be read out loud, and you will be asked to make your plea. Following this, the case for the prosecution begins.
The judge may request the Crown to give an overview of the allegations against you and the evidence that will be presented. The Crown calls their witnesses first in a stage called the examination-in-chief, asking them questions to elicit evidence that supports their case.
Afterwards, your defence lawyer gets the opportunity to cross-examine each Crown witness once the Crown finishes their examination-in-chief. Your defence lawyer will ask questions that will assist with your defence. Once the defence concludes its cross-examination of a witness, the Crown might re-examine that witness about new information that has been brought out during the cross-examination.
Your trial will start with an arraignment. You will be asked to confirm your name, the charges against you will be read out loud, and you will be asked how you plead.
Typically, once the Crown has concluded their case, it's the defence's turn to call their witnesses. This is the time when the defence brings forth their witnesses and asks them questions to support their arguments and version of events.
You, as the accused, might or might not testify at your trial. The decision on this matter relies on your defence lawyer's advice based on what they believe is the best choice for you.
The processes of examination-in-chief, cross-examination, and re-examination also apply to defence witnesses. However, the roles of your defence lawyer and the Crown are reversed during these processes for the defence witnesses.
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After all the evidence has been presented, both the defence and the Crown get an opportunity to make their closing submissions. These submissions revolve around the reasons why they believe you should be found either not guilty or guilty. The closing submissions are based on the evidence heard during the trial as well as any inferences that can be drawn from this evidence.
In cases where the trial is by jury, the members of the jury will take time to deliberate once all evidence and arguments have been presented. This deliberation period could be either short or lengthy. For a verdict of guilty or innocent, the jury must reach a consensus. Should the jury be unable to reach a consensus, the judge may declare a mistrial. In such situations, it falls upon the Crown attorney's office to decide whether to prosecute you again.
However, if the trial is by a judge alone, the judge is responsible for determining whether you are guilty or not guilty. This decision may be made immediately or after an adjournment to a later date. Regardless of when the decision is made, the judge is obliged to provide clear and meaningful reasons for their judgment.
If you are found guilty, the next step is sentencing. The timing of this can vary. The judge might decide to sentence you immediately or could choose to adjourn the sentencing to a different time or date. The judge alone is responsible for deciding what sentence to impose.
Before you are sentenced, a sentencing hearing is held. During this hearing, both your defence lawyer and the Crown are presented with an opportunity to voice their opinions to the judge about what they think the appropriate sentence should be and why.
Even after a conviction or sentence, you still hold certain rights. One such right is the ability to appeal either the conviction, the sentence, or both. It's crucial to note that there's a specified time frame determined by law within which you must make your appeal.
